NOTE.-The mode of citing the American and English Railroad Cases is as follows:
The index contains references to the decisions and to the notes. to the decisions are to the pages upon which the cases begin. References to the notes are to the pages upon which the propositions stated in the index are found.
ANNOTATION.
Evidence-Continued.
person to inspection of experts, 218.
Rules. Parol proof of rule at- tached to applications for em- ployment, 314.
Inspection of Person. See Evi-
Action for wrongful death, 521. Lease.
Liability of lessor for injuries sus- tained through operation of leased railroad, 48. Master and Servant.
Torts of servant; recovery of ex- emplary damages for, 48. Construction of statute. Right of employe to recover. "Any per- son," 338.
Construction of side tracks.
of company towards its em- ployes, 380. Employment of inexperienced per- son of full age as brakeman, 307. Erections and obstructions adjoin- ing track, 292.
Obligation of employer to inspect cars of other companies, 263. Bridge watchman. Sufficiency of evidence, 428.
Engineer. Negligence. Obscured view, 347.
Misplaced switch. Sufficiency of evidence to sustain verdict, 347. Negligently loading car. Motion for non-suit. Responsibility of company, 375.
Splinter projecting from rail, 380. Switching. Use of engine with square instead of sloping tank, 381. Construction of Pennsylvania stat- ute. Person engaged about cars or railroad of company of which he is not an employe, 523. Appliances. Duty of employer. Existence of better appliances,
Master and Servant-Continued. - Opinion evidence. Necessity of safety switch. Competency of witness, 355-
Risks assumed by using ap- pliances apparently defective, 288.
Employe's knowledge of de- fect. Use of switch engine hav- ing square tank, 354.
Knowledge of defect. Prov- ince of jury, 288.
Knowledge of defect. Use of defective brake, 288.
Furnished by master. of other defective appliances, 289.
Amendment of pleading. Statutory cause of action, 355. Instructions. Assumption that engine defective, 356. Instructions. Experience of employe, 355-
Instructions. Duty to in- form employe of danger, 356. Instructions as to duty of com- pany, 355.
Instructions as to employer's duty, 353.
Instructions. Risks assumed by brakeman. Breaking of rail, 354-
Province of jury. Sufficiency of evidence to prove defects, 355. Contributory negligence. Assum- ing dangerous position. Inju ries caused by recklessness of another, 413.
Apprehension of danger, 326. Failure to extricate oneself from dangerous position, 413. Unnecessarily going upon railroad track, 413.
Car repairer. Assuming dan- gerous position. Kicking, 330. Brakeman. Forgetfulness of defect, 429.
Gross recklessness of con- ductor of gravel train, 429. Switchman on top of load of lumber, 428.
Province of jury, 428. Coupling. Unusual construction of apparatus. Ignorance of brakeman, 273.
Use of freight engine instead of switch engine, 330.
Use of locomotive having goose neck draft-iron. Notice to employe, 273.
Contributory negligence. In- structions. Expression of opin- ion on facts, 429.
Derailment. Evidence. Testi- mony of person employed in construction of road, 381.
Evidence. Opinion of brake- man, 381.
Pleading and proof. ive track. Low joint, 381. Evidence. Admissibility. Nar- row escape of another employe, 380.
Res geste. Statement of track walker to section boss, 381.
Presumption arising from happening of accidents, 354.
Admissibility of testimony as to reputation for carefulness, 320.
Admissibility of book con- taining rules. Knowledge of employe, 315 n.
Evidence of ownership of rail- road, 368.
Sufficiency in absence of eye witnesses, 428.
Excessive speed. Failure to give statutory signals. Injuries at place other than crossing, 347.
Precautions taken by em- ploye to avoid injury. Instruc- tions, 346.
Injuries to bridge watchman. Sufficiency of complaint, 347. Fellow-servant. Bridge watch-
man and engineer and conductor of train, 450.
Car repairer and foreman,
· Instructions. negligence, 363.
Engineer. Admissibility of record of accidents, 314.
Engineer. Evidence. Ne- cessity of repairs to engine, 362. Engineer. Evidence as to carelessness. Opinion of brake- man, 362.
Engineer. Sufficiency of ev- idence, 363.
Special findings negativing negligence. Verdict for plaint- iff, 363.
Interchange of traffic. Duty to block frog. Employe of con- necting company, 367.
Negligently leaving cars on track of connecting company, 367.
Minor employe. Exposure to dan- ger. Loading lumber car. 306. Liability for personal in- juries, 301.
Use of improper language by counsel in argument, 307. Overhead bridges. Obligation of company to employes in con- structing bridges, 256.
Risks assumed by train- hands, 257.
Notice to company of danger- ous condition of bridge. Evi-
ANNOTATION.
Passengers-Continued.
ger. When relation of pas senger and carrier exists, 63. Purchase of ticket and pay- ment of fare, 63.
Assent of carrier. Illegal and invalid contract, 63.
Presumption arising from presence of traveller, 63. Persons in waiting room, 64. Persons at depot to take train, 64.
Persons hailing street car, etc, 65.
Persons leaving cars, 65. Persons leaving cars at inter- mediate stations. 66.
Persons entering car, 65. Transportation obtained by fraud, 66.
Persons entering wrong train, 68.
Permission of employes to travel on train, 68.
What employes may invite or permit persons to travel as passengers, 69.
Drovers travelling in charge of cattle, 70.
Express messengers, 70. Mail agents, 70.
Newsboys, etc, 70.
Employes riding to and from
Persons assisting passengers,
Statutes pro- viding for expulsion, 72. Accommodations. Discrimination against colored passengers, 42. Alighting. Reasonable time to alight from train, 158, 168.
from moving train by con- ductor's orders. Sufficiency of evidence, 171.
from moving train. Exemp- lary damages. Absence of in- jury, 171.
from moving train. Failure to stop at station, 184.
- Street car. Admission of president of company as to driver's negligence, 234. Assault by driver of street car. Cessation of contract of car- riage. Scope of employment,
239. Boarding moving street car. Con- tributory negligence, 235. Connecting lines. Contracting
on freight car. Evidence. Signals. Existence of fence. Custom of people to cross switch, 504.
9 years of age. Contributory negligence, 507.
Riding upon footboard of en- gine. Instructions, 507. Contributory negligence. Failure to look for approaching train before stepping on track. 533.
Failure to heed warning and signals, 534.
Evidence. Expression of opinion of witness as to cause of acci- dent, 504.
as to intoxication of injured person, 504.
Licensees. Injuries on track, 503. Injury by substance thrown from train. Sufficiency of evi- dence, 503.
Habitual use of bridge by foot trav- ellers. Instructions. Knowl- edge of engineer. Excessive
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